Barnum v. Patrick
New York Court of Common Pleas
Appeal from fifth district conrt. Summary proceedings by Sarah A. Barnum and another against John FitzPatrick to recover possession of demised premises known as “No. 320 Stanton Street,” in the city of New York, for non-payment of rent. From a final order dismissing the petition, plaintiffs appeal.
1Opinion of the CourtBookstaver, J.
On the 1st day of December, 1889, respondent, Fitz Patrick, leased from the appellants the premises known as “320 Stanton Street,” on the corner of Goerek, for a term of three years and four month's from that date, at the rate of $70 per month, payable in advance. No rent was paid on J uly 1, 1891, and on the 9th of that month this proceeding was instituted. The tenant interposed an answer, denying that there was any rent due at that time, also denying that he was in possession of the premises after default in payment, and alleging that on or about the 22d May, 1891, the landlords entered the…
2Cases cited12 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Jarvis v. . DriggsNew York Court of Appeals · 1877
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3Cited by3 opinions
- Carmack v. DrumWashington Supreme Court · 1902
- Seymour v. PicusNew York Court of Common Pleas · 1894
- Barnum v. FitzpatrickNew York Court of Common Pleas · 1892